As the violence reached a crescendo on Capitol Hill with pro-Trump demonstrators taking to the floor of the US Congress, some legislators called for the 25th amendment to be used to remove President Donald Trump from office before his term expires on January 20.
With the widespread alarm and disbelief at the chaos unfolding in Washington, and many accusing Mr Trump of encouraging the mob, the 25th amendment also started to trend on Twitter.
The 25th amendment to the US Constitution was ratified in 1965. It came to fruition a couple of years after the assassination of John F Kennedy amid some medical concerns surrounding his successor, Lyndon B Johnson. The amendment sought to clarify procedures for the succession of the presidency or vice presidency in the event that the office was vacated for various reasons.
Most of the amendment, in particular, deals with scenarios where a president is unable to discharge the powers and duties of his office due to health reasons.
Those scenarios clearly do not apply to Mr Trump, who is in relatively decent health.
There is, however, section 4 of the amendment, which could be problematic for any sitting president regardless of his or her health.
"Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President."
That section of the amendment basically gives the vice president or Cabinet members the ability to determine a president's ability to execute his or her job.
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Pro-Trump protesters storm into the U.S. Capitol during clashes with police, during a rally to contest the certification of the 2020 U.S. presidential election results by the U.S. Congress, in Washington, U.S. Reuters -
A protester yells inside the Senate Chamber. AFP -
Pro-Trump protesters clash with police at a rally to contest the certification of the 2020 U.S. presidential election results by the U.S. Congress, at the U.S. Capitol Building. Reuters -
Congress staffers hold up their hands while Capitol Police Swat teams check everyone in the room as they secure the floor of Trump supporters. AFP -
U.S. Capitol police officers point their guns at a door that was vandalized in the House Chamber during a joint session of Congress. AFP -
Congress staffers barricade themselves after Trump supporters stormed inside the US Capitol. AFP -
Rep. Andy Kim, D-N.J., cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of the morning, after protesters stormed the Capitol in Washington. AP Photo -
Demonstrators break TV equipment outside the the U.S. Capitol, in Washington. AP Photo -
Pro-Trump protesters attempt to tear down a police barricade during a rally to contest the certification of the 2020 U.S. presidential election results by the U.S. Congress, at the U.S. Capitol Building. Reuters -
A protester is seen hanging from the balcony in the Senate Chamber. AFP -
An explosion caused by a police munition is seen while supporters of U.S. President Donald Trump gather in front of the U.S. Capitol Building. Reuters -
A supporter of US President Donald J. Trump sits on the desk of US House Speaker Nancy Pelosi, after supporters of US President Donald J. Trump breached the US Capitol security in Washington, DC. EPA
Even though the 25th amendment sought to clarify and even simplify succession plans, some have argued that this particular section makes removing a president a subjective judgment call.
Media reports shortly following the storming of the Capitol also indicated that some in Mr Trump's Cabinet also contemplated using the rarely discussed amendment.
Could Vice President Mike Pence and members of Mr Trump's Cabinet have made this determination? Of course, any vice president or Cabinet could do so hypothetically. There's the fine print of the amendment, however, that complicates the move:
"Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office."
Essentially, that leaves the determination up to the Senate and House of Representatives.
In theory, yes, Mr Pence could have used the 25th amendment, but with so few days left in Trump's presidency, and with the need for congressional approval (highly unlikely with Republicans still in control of the Senate), such an effort would have almost certainly hit a wall.
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A protester yells inside the Senate Chamber. AFP -
epa08923404 Supporters of US President Donald J. Trump outside the senate chambers after breaching Capitol security in Washington, DC, USA, 06 January 2021. Protesters entered the US Capitol where the Electoral College vote certification for President-elect Joe Biden took place. EPA/JIM LO SCALZO -
Leigh Ann Luck dressed up as Statue of Liberty shouts as supporters of U.S. President Donald Trump gather near U.S. Capitol building in Washington, U.S., January 6, 2021. REUTERS/Leah Millis TPX IMAGES OF THE DAY -
People are seen in the House gallery as protesters try to break into the House Chamber at the U.S. Capitol on Wednesday, Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik) -
Protesters enter the U.S. Capitol Building. AFP -
epa08923440 A supporter of US President Donald J. Trump sits on the desk of US House Speaker Nancy Pelosi, after supporters of US President Donald J. Trump breached the US Capitol security in Washington, DC, USA, 06 January 2021. Protesters stormed the US Capitol where the Electoral College vote certification for President-elect Joe Biden took place. EPA/JIM LO SCALZO -
TOPSHOT - A supporter of US President Donald Trump wears a gas mask as he protests after storming the US Capitol on January 6, 2021, in Washington, DC. Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. President-elect Joe Biden denounced the storming of the US Capitol as an "insurrection" and demanded President Donald Trump go on television to call an end to the violent "siege." / AFP / Brendan SMIALOWSKI -
TOPSHOT - Supporters of US President Donald Trump enter the US Capitol's Rotunda on January 6, 2021, in Washington, DC. Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. / AFP / Saul LOEB -
TOPSHOT - Supporters of US President Donald Trump enter the US Capitol on January 6, 2021, in Washington, DC. Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. / AFP / Saul LOEB -
TOPSHOT - A supporter of US President Donald Trump sits at a desk after invading the Capitol Building on January 6, 2021, in Washington, DC. Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. / AFP / Saul LOEB -
TOPSHOT - A man calls on people to raid the building as Trump supporters clash with police and security forces as they try to storm the US Capitol in Washington D.C on January 6, 2021. Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. / AFP / Joseph Prezioso -
Trump supporters gesture to U.S. Capitol Police in the hallway outside of the Senate chamber at the Capitol in Washington, Wednesday, Jan. 6, 2021. (AP Photo/Manuel Balce Ceneta)
Dr Peter Yacobucci, a political science professor at Buffalo State University, said the 25th amendment has been used in the past, but mainly for medical procedures where sitting presidents have had to be sedated.
"It has never been used to try and remove the power of a president against their will," Mr Yacobucci added.
Mr Yacobucci also said that although the 25th amendment sought to provide clarity, section 4 of the amendment actually makes things somewhat murky.
"This section also has a clause that states Congress can designate another body to make this determination," he said, making reference to exactly who gets to say whether or not the sitting president is able to perform his or her duties. "This is unchartered territory and nobody really knows that that means," he said.
As for whether or not the 25th amendment should be applied to Mr Trump, Mr Yacobucci did not skirt the issue.
"Yes, it certainly should be...since the election, President Trump's behavior has only gotten worse," he said. "The drafters of the Constitution never imagined a person so devoid of morals and character like President Trump would ever be president," he added.
